A Georgia law requiring that mentally retarded death penalty defendants, in order to avoid execution, must prove beyond a reasonable doubt that they are retarded violates the Eighth Amendment’s ban against cruel and unusual punishment, a judicial panel of the 11th U.S. Circuit Court of Appeals in Atlanta has found.
In issuing the opinion, the appellate panel reversed a 2003 Georgia Supreme Court ruling, finding instead that the state’s stringent standard of proof “is not an appropriate way to vindicate a mentally retarded offender’s constitutional right not to be put to death.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
